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(영문) 전주지방법원 남원지원 2012.06.19 2012고단15
업무상배임
Text

Defendants shall be punished by imprisonment for six months.

However, the defendants are above two years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is in office as the director of finance division of the E-Gun Office.

A person who retired from office around June 2010 is a public official in charge of the compilation and disbursement of budget of the E-Gun Office while working as a person in charge of budget in the planning and finance office of the E-Gun Office.

Defendant

A aware of the fact that the construction of a retaining wall in F’s house will take about approximately KRW 20 million to KRW 30 million to KRW 1,000,000 to KRW 20,000, the E-Gun’s budget will be reflected in the E-Gun’s small resident accommodation project budget, and requested Defendant B, a budget officer, to include the above retaining wall in the E-Gun’s small resident accommodation project at the E-Gun’s underground restaurant located in North Korea around October 2009, and Defendant B knew that the above A’s recommendation project is included in the new E-Gun’s project plan unless there is any special reason if it is delivered to the relevant department upon the request of the above A, and conspired in sequence that the above retaining wall construction is sent to the construction department, as if the E-Gun’s recommendation project is for the members of the E-Gun group, so that the above retaining wall construction cost will be formulated and executed in the budget for small resident accommodation project in 2010.

Defendant

B around November 201, in accordance with the above public offering, around E-Gun Office entered the opportunity to construct the E-Gun Council's recommendation project and deliver it to H, into the upper part of the main body of the memoto, "30-a retaining wall installed after I village" in the method of inserting the project recommended by the Council members, and delivered the retaining wall to H as if it was the recommendation project of the Gun Council members.

H Based on the above meta, the plan for the promotion of the small-scale resident accommodation project in 2010 and the budget request for revenue and expenditure in 2010 were submitted to the budget community including retaining walls after I village the project amount of KRW 30 million. Defendant B submitted the above "budget for revenue and expenditure in 2010" submitted from the construction division to the budget community without reducing the budget in its own budget process.

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